Nebraska Supreme Court hears arguments on felon voting rights lawsuit

LINCOLN, Neb. (WOWT) - The Nebraska Supreme Court heard arguments in a case for the restoration of voting rights Wednesday.

In July, the Nebraska Secretary of State’s Office halted voting registration for those with past felonies who have not been pardoned. That directive stems from an opinion by Attorney General Mike Hilgers, who said both LB 53 and LB 20 are unconstitutional.

Since 2005, LB 53 allowed felons to vote two years after completing their sentences. This year, state lawmakers removed the waiting period with the passing of LB 20.

An official ruling wasn’t handed down today, but both sides made their case with the hearing lasting about 30 minutes.

The lawsuit, filed last month, disputes Secretary of State Bob Evnen’s order to halt voter registration for felons.

Jane Seu, legal and policy counsel at the ACLU of Nebraska, argues this was overreach.

“Nebraska statutes enjoy a presumption of constitutionality,” said Seu. “The Secretary here made a unilateral determination on his own to declare our statues unconditional. The court should correct this overreach.”

Nebraska Solicitor General Eric Hamilton, representing the Secretary of State’s Office, is asking the petition to be dismissed. He argued Wednesday that only the board of pardons, made up of Evnen, Hilgers and Gov. Jim Pillen, can restore voting rights when they issue a pardon.

“Our constitution requires felons to be restored to civil rights before they can vote again,” said Hamilton. “LB 53 and LB 20 do not do that, they restore a single civil right, leaving all other unrestored.”

An official decision by the court is expected in the coming weeks.

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